State Codes and Statutes

State Codes and Statutes

Statutes > Nebraska > Chapter30 > 30-24_125

30-24,125. Collectionof personal property by affidavit.(a) Thirty daysafter the death of a decedent, any person indebted to the decedent or havingpossession of tangible personal property or an instrument evidencing a debt,obligation, stock, or chose in action belonging to the decedent shall makepayment of the indebtedness or deliver the tangible personal property or aninstrument evidencing a debt, obligation, stock, or chose in action to a personclaiming to be the successor of the decedent upon being presented an affidavitmade by or on behalf of the successor stating:(1) the value of all of the personal property in the decedent'sestate, wherever located, less liens and encumbrances, does not exceed fiftythousand dollars;(2) thirty days have elapsed since the death of the decedentas shown in a certified or authenticated copy of the decedent's death certificateattached to the affidavit;(3) the claiming successor's relationship to the decedentor, if there is no relationship, the basis of the successor's claim to thepersonal property;(4) the person or persons claiming as successors under theaffidavit swear or affirm that all statements in the affidavit are true andmaterial and further acknowledge that any false statement may subject theperson or persons to penalties relating to perjury under section 28-915;(5) no application or petition for the appointment of a personalrepresentative is pending or has been granted in any jurisdiction; and(6) the claiming successor is entitled to payment or deliveryof the property.(b) A transfer agent of any security shall change the registeredownership on the books of a corporation from the decedent to the successoror successors upon the presentation of an affidavit as provided in subsection(a).(c) In addition to compliance with the requirements of subsection(a), a person seeking a transfer of a certificate of title to a motor vehicle,motorboat, all-terrain vehicle, utility-typevehicle, or minibike shall be required to furnish to the Departmentof Motor Vehicles an affidavit showing applicability of this section and compliancewith the requirements of this section to authorize the department to issuea new certificate of title. SourceLaws 1974, LB 354, § 203, UPC § 3-1201; Laws 1996, LB 909, § 1; Laws 1999, LB 100, § 4; Laws 1999, LB 141, § 6; Laws 2004, LB 560, § 2; Laws 2009, LB35, § 22; Laws 2010, LB650, § 2.Operative Date: January 1, 2011